15 A.3d 107
Vt.2010Background
- Brown was convicted of sexual assault of his step-granddaughter C.M. under 13 V.S.A. § 2602 after a jury trial.
- The State admitted evidence that Brown paddled C.M. and her sister, arguing it provided context for delayed disclosure.
- C.M. first disclosed abuse in January 2007; the underlying incidents reportedly occurred around October 2003, roughly three years earlier.
- In May 2007, C.M. disclosed additional abuse; trial included testimony about threats, and Brown’s violent conduct toward C.M. and others.
- Expert Dr. Jan Tyler testified about memory and disclosure timing, including factors affecting when victims disclose abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of paddle evidence under Rule 404(b) | Paddling is context evidence; relevant to delay and credibility. | Paddle evidence is irrelevant and prejudicial, not probative of the charged crimes. | Admissible; probative and not unfairly prejudicial. |
| Adequacy of limiting instruction and preservation | Limiting instruction properly cautioned jurors not to infer guilt from paddle evidence. | Limiting instruction was inadequate to prevent prejudice. | Waived due to failure to timely object; plain error not addressed. |
Key Cases Cited
- State v. Leroux, 184 Vt. 396 (2008 VT) (context evidence allowed if not unfairly prejudicial)
- State v. Forbes, 640 A.2d 13 (1993 VT) (evidence of prior acts to rebut fabrication inference)
- State v. Kelley, 664 A.2d 708 (1995 VT) (unfair prejudice standard under Rule 403)
- Laprade, 184 Vt. 251 (2008 VT) (Rule 404(b) balancing test)
- Hinchliffe, 186 Vt. 487 (2009 VT) (preservation of objections and plain error review)
- State v. Burgess, 181 Vt. 336 (2007 VT) (plain error standard for trial errors)